Fidelity Trust & Safety Vault Co. v. Preston
Court of Appeals of Kentucky
Case 44 — "WILL CONTEST — APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. Every person sui juris has the undoubted right to choose and to change his or her domicile at pleasure. (Amer. Law Review for Oct., 1893> p. 643.) 2. The change to be effectual must be bona fide, not a fictitious or pretended or fraudulent change. (Morris v. Gilmer, 129 U. S.) 3. To constitute the change, two things are necessary, first, fact; second, intention —factum et ammus.
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Case 44 — "WILL CONTEST — APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. Every person sui juris has the undoubted right to choose and to change his or her domicile at pleasure. (Amer. Law Review for Oct., 1893> p. 643.) 2. The change to be effectual must be bona fide, not a fictitious or pretended or fraudulent change. (Morris v. Gilmer, 129 U. S.) 3. To constitute the change, two things are necessary, first, fact; second, intention —factum et ammus. The factum is bodily presence, the animus is the “intention to remain for an indefinite time.” (Tipton v. Tipton, 87 ICy., 245;…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
A paper, purporting to be the last will and testament of Mrs. Mary Howard Preston, was offered for probate in the Jefferson County Court' by her executor.
The probate was denied upon the ground that the-legal residence of the testatrix, at the time of her decease, was on her farm called Norfolk, in the county of Trimble.
An appeal was taken from the judgment of that-court to the Jefferson Court of Common Pleas, and the judgment of the county court affirmed.
The case is now here on the appeal of the executor from the judgment of the common pleas…
2Cases cited1 opinion
- Tipton v. TiptonCourt of Appeals of Kentucky · 1888
3Cited by3 opinions
- Succession of SteersSupreme Court of Louisiana · 1895
- Robinson v. PaxtonCourt of Appeals of Kentucky (pre-1976) · 1925
- Johnson v. HarveyCourt of Appeals of Kentucky (pre-1976) · 1935